Terms and Conditions
This page states the Terms and Conditions under which you, the website visitor ("you" or "your") may use TXUEnergyPlans.com (the "Site").
Please read this page carefully. By using this Site, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use this Site. These Terms and Conditions supersede any other agreement you may have with TXUEnergyPlans.com and its affiliates and partners (collectively, "TXUEnergyPlans.com") regarding this subject matter. TXUEnergyPlans.com may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review the Terms and Conditions.
Use of Site Material
The contents of this Site, such as text, graphics, images and other content (the "Site Material"), are protected by copyright under both United States and foreign laws. These Terms and Conditions do not grant you any license whatsoever to the Site Material. We authorize you to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Site Material or reproduce, display, distribute or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other website or in a networked environment is prohibited. TXUEnergyPlans.com retains all intellectual property rights in the Site Material.
Unless otherwise noted, TXUEnergyPlans.com owns or licenses the use of the names, marks and logos appearing on the Site (the "Marks"). Your use of the Marks, except as permitted by these Terms and Conditions, is prohibited. From time to time, we make fair use in this Site of trademarks owned and used by third parties. We make no claim to ownership of those marks.
We welcome your comments on our Site. However, you acknowledge that if you send TXUEnergyPlans.com creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the "Information"), the Information shall be deemed and shall remain the property of TXUEnergyPlans.com. By submission of any Information, you assign to TXUEnergyPlans.com, and we shall own exclusively, all rights of every kind and nature to such Information throughout the universe now known or hereafter existing. We shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or the provider of the information.
As a user of this Site, you are responsible for your own communications. Therefore, do not do any of the following things:
- transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to transmit the materials to TXUEnergyPlans.com
- send material that reveals trade secrets, unless you own them or have the permission of the owner to disclose those materials to TXUEnergyPlans.com
- send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
- send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity
- intentionally or unintentionally violate or encourage conduct that would violate any local, state or federal law
- send advertisements or solicitations of business
- send chain letters or pyramid schemes or
- impersonate another person.
TXUEnergyPlans.com reserves the right to expel you and to prevent you further access to this Site for violating these Terms and Conditions or any applicable law. The violation of any of these Terms and Conditions shall result in the immediate revocation of your right to access or use the Site or Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
Limitation of Liability
TXUEnergyPlans.com DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE SITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING WITHOUT LIMITATION THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TXUEnergyPlans.com SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS SITE AND THE SITE MATERIAL ARE PROVIDED ON AN "AS IS" AND "AT YOUR OWN RISK" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TXUEnergyPlans.com, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH TXUEnergyPlans.com STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL TXUEnergyPlans.com OR ANY THIRD PARTIES IDENTIFIED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, SITE MATERIAL, OR SITES LINKED TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Site contains links to websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement of the contents on those other sites. TXUEnergyPlans.com is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Site, you do so at your own risk. Consult the Uniform Resources Locator ("URL") address identified in your browser to determine whether you have linked to a third-party Site.
By using this Site, you agree to defend, indemnify and hold harmless TXUEnergyPlans.com and any officers, directors, employees and agents of TXUEnergyPlans.com, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that TXUEnergyPlans.com may become obligated to pay arising or resulting from your use of the Site Material or your breach of these Terms and Conditions. TXUEnergyPlans.com reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
This Site originates from Fort Mill, South Carolina. TXUEnergyPlans.com does not claim that the Site Material is appropriate or may be used outside of the United States. Access to the Site Material may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of South Carolina, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Lancaster County, South Carolina, with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Site, these Terms and Conditions constitute the entire agreement between you and TXUEnergyPlans.com with respect to your use of this Site.